O'Bannon, Jr. v. National Collegiate Athletic Association et al

Filing 292

PERMANENT INJUNCTION. Signed by Judge Claudia Wilken on 8/8/2014. (ndr, COURT STAFF) (Filed on 8/8/2014)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 EDWARD O’BANNON, et al. , No. C 09-3329 CW Plaintiffs, 5 6 7 8 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION; ELECTRONIC ARTS INC.; and COLLEGIATE LICENSING COMPANY, 9 United States District Court For the Northern District of California 10 11 PERMANENT INJUNCTION v. Defendants. ________________________________/ The Court, having duly considered the evidence presented at 12 the bench trial in this matter and consistent with its findings of 13 fact and conclusions of law, hereby orders as follows: 14 1. Defendant National Collegiate Athletic Association 15 (NCAA), its respective officers, servants, employees, agents, and 16 licensees, and all persons in active concert or participation with 17 it, including its member schools and conferences, or any of them 18 who receives actual notice of this judgment by personal service or 19 otherwise, be, and are hereby, permanently restrained and enjoined 20 from agreeing to: 21 a. Prohibit deferred compensation in an amount of 22 $5,000 per year or less (in 2014 dollars) for the 23 licensing or use of prospective, current, or former 24 Division I men’s basketball and Football Bowl 25 Subdivision football players’ names, images, and 26 likenesses through a trust fund payable upon 27 expiration of athletic eligibility or graduation, 28 whichever comes first; or 1 b. Prohibit the inclusion of compensation for the 2 licensing or use of prospective, current, or former 3 Division I men’s basketball and FBS football 4 players’ names, images, and likenesses in the award 5 of a full grant-in-aid, up to the full cost of 6 attending the respective NCAA member school, as 7 defined in 20 U.S.C. § 1087ll and calculated by 8 each school’s financial aid office applying the 9 same standards, policies, and procedures for all United States District Court For the Northern District of California 10 11 12 13 students. 2. This injunction shall not affect any prospective student-athlete who will enroll in college before July 1, 2016. 3. Any party may seek modification of this Order, at any 14 time, by written motion and for good cause based on changed 15 circumstances or otherwise. 16 4. This Court shall retain jurisdiction to enforce this 17 Order. 18 the parties named herein or other persons, Plaintiffs may, by 19 motion with notice to the attorneys for Defendant NCAA, apply for 20 sanctions or other relief that may be appropriate. 21 In the event that any part of this Order is violated by IT IS SO ORDERED. 22 23 24 Dated: August 8, 2014 CLAUDIA WILKEN United States District Judge 25 26 27 28 2

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